The third African students conference took place at the
Institute of Social Studies (ISS) in The Hague under the theme: "Peace
Through Justice - The Role of International Law in Conflict Transformation and
Peace Building in Africa"

It was co-organized by the African Students Committee and the
Hague Appeal for Peace as part of the Global Coalition for Africa. Here is an address delivered by Mr. Roel van der Veen, an official of the
Dutch Ministry of Foreign Affairs. It has indispensable relevance to the current
socio-political developments in our dear continent.

"Basically, there are two reasons why "Peace through Justice in
Africa" merits to be at the center of our preoccupations and our endeavours
to support African. In the first place, ‘peace’ is a sine qua non condition
for happiness, development and prosperity. Without it, there can be no happiness
because of the unnecessary suffering of innocent citizens, victims of armed
actions, unscrupulous political ambitions, abuse of power, anarchy and
lawlessness. Without peace, there can be no development because no private
investor is willing to make long-term investments in a climate of insecurity,
political chaos or war. And finally, without peace and development there will be
no significant progress or prosperity, regardless the existence of abundant
natural resources or the hard work and commitment of the African people.

The examples are only too well known. Botswana is a good example of a
country, well endowed with natural resources, where the prevalence of peace
throughout its modern history - in combination with stimulating and supporting
macro-economic policies - has enabled the Government and people of this southern
African country to reap the benefits of a climate of political stability. In
deed, a remarkable achievements for a land-locked country! And there also exists
the example of Mauritius, an island-state, not blessed by nature with oil,
minerals or other valuable natural resources. But the hard working population of
Mauritius has benefited from peace and stability, which characterize this
country and the resulting involvement of private investors. In contrast, we also
know the dramatic consequences of war and civil strife in other countries: the
Democratic Republic of Cong, Somalia, Sierra-Leone and Liberia. Despite their
relative advantages - coastal countries often well end! owed with natural
resources - their peoples live in misery and fear.

The second reason for wholeheartedly supporting the theme is the growing
awareness that without Justice, without the Rule of Law, no positive development
will take place. In countries recovering from armed conflict, peace will be
fragile if there are no appropriate laws and no independent judiciary system.
The laws, the legal framework and the judiciary form the heart of modern
societies. The enactment of appropriate laws and their non-discriminatory
enforcement are an indication of the level of tolerance and among the most
important criteria to judge a country’s democratic performance. The assurance
and predictability they provide are the foundation of a flourishing private
sector, indispensable to achieve economic development.

A country’s judicial system is a complex matter. There is a need for a
Judiciary that is independent from the executive and from legislative branches
of government. The three need to work together, but their power should be
separated. We also need independent judges, free from fear or from repression.
And we need sets of laws to organize our lives, our societies, our economies,
our private sector. We also need treaties and conventions to regulate relations
between individuals, corporations and states: International laws. Moreover, we
need laws to prevent or govern (armed) conflicts and their consequences
(prisoners, refugees, internally displaced persons) and to restore peace in
war-torn countries.

The focus is on the International Court of Justice - and its specific
tribunals (here) in The Hague and in Arusha, Tanzania. There is also a focus on
the Truth and Reconciliation Commission that exists in South Africa and Latin
America and on the International Court established in Rome, in 1999 and yet to
be ratified.

All these instruments are connected to the crucial subject of
Impunity. During the Cold War, many governments in the North turned a blind eye
on human rights abuses and the economic crimes of African and other leaders.
Since 1990s, due to the change in geo-political interests of the major developed
countries, issues that once were taboo became the subject of open and frank
discussions. Impunity is a major one. In reality, impunity is one of the causes
of conflicts and of their perpetuation. Fighting impunity is promoting peace.

Another issue is corruption which the Global Coalition for
Africa always had high on its agenda. This resulted in the adoption of "25
Principles to Combat Corruption in Africa", in 1999 by representatives of
eleven African countries. Also, the Global Coalition for Africa was among the
co-organizers, with the Dutch Government of a major International
Anti-Corruption Conference.

We all are familiar with the pervasive impact of corrupt
dictators on the development of their countries. Human rights abuses have
contributed to the increase of a brain drain which already was having a negative
effect on the development of African countries. It contributed to an increased
flow of migrants fleeing the bad conditions in their country. In addition, ten
of billions of dollars fled these countries. Unscrupulous political leaders
illegally transferred large amounts of money, often to banks in developed
countries. This is a consequence of impunity, corruption and abuse of power.

Fortunately, recent improvements have been witnessed. There
has been an increase in the condemnation of corrupt practices by international
and civil society organizations. Also, at national levels, law-makers have made
an important contribution to redress this situation by revising banking laws.
Moreover, spectacular developments such as the arrest of former Chilean dictator
Pinochet became front-page news the world over. Africa this time did not stay
behind and in Senegal, legal procedures have successfully started against
Hissane Habre, former Chad dictator.

Now, at the start of the 21st
century, the international community including Africa has more instruments to
enforce the rule of law than ever before. But a basic element of law enforcement
is its non-discriminatory character. Therefore, one question: Is the extradition
of former Serbian President Milosevic to the International Criminal Tribunal for
the former Yugoslavia in The Hague a sign that abuse of power and human rights
violations are no longer condoned by the international community? Or will it
turn out to be an exception?

The climate of impunity, which prevails in a number of African
countries has resulted in a loss of confidence in government, in authorities -
which already had little to lose in this respect. How can we expect people to
identify themselves with the development goals and other important objectives of
they see that their leaders get away with corruption and human rights abuses? To
make things worse, the culture of impunity and of corruption contribute to a
growing informalization of the economy and society, which in itself becomes
another major constraint to economic development and a source of conflict.

A word of precision may be appropriate. My plea is one of Justice and the
Rule of Law. Not one of Revenge and Destruction. It is for this particular
reason that I very much respect South Africans who impressed many all over the
world with the work of Truth and Reconciliation Commission. If - in accordance
with the law people and governments decide to publicly discuss, reveal, confess
and ask for forgiveness - we can draw lessons for a world without impunity. With
Chile, Argentina and Guatemala, South Africa has taught us the lesson that there
are no fixed templates or uniform models but that there is only one basic
principle: the rule of law and its non-discriminatory enforcement. This applies
to both Domestic and International Law. Without justice there will be no
progress in Africa or elsewhere.